BILL NUMBER: SB 1080	CHAPTERED  09/27/00

	CHAPTER   686
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 25, 2000
	PASSED THE SENATE   AUGUST 31, 2000
	PASSED THE ASSEMBLY   AUGUST 29, 2000
	AMENDED IN ASSEMBLY   AUGUST 21, 2000
	AMENDED IN SENATE   JANUARY 11, 2000

INTRODUCED BY   Senator Sher

                        FEBRUARY 26, 1999

   An act to amend Section 5205.5 of the Vehicle Code, relating to
transportation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1080, Sher.  Toll bridges.
   Existing law requires, for the purpose of implementing provisions
regarding the use of exclusive or preferential use of highway lanes
or highway access ramps by ultra low-emission vehicles (ULEV) and
super ultra-low emission vehicles (SULEV), that the Department of
Motor Vehicles make available for issuance distinctive decals,
labels, or other identification for the described vehicles.
   This bill would require, if the Metropolitan Transportation
Commission, serving as the Bay Area Toll Authority, grants toll-free
and reduced-rate passage on toll bridges under that commission's
jurisdiction to any vehicle pursuant to law, the commission to grant
the same toll-free and reduced-rate passage to vehicles displaying a
valid ULEV or SULEV identifier issued pursuant to the above.  To the
extent that this would increase the level of service of the
commission, the bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 5205.5 of the Vehicle Code is amended to read:

   5205.5.  (a) For the purposes of implementing Section 21655.9,
beginning July 1, 2000, and through December 31, 2003, the
department, in consultation with the Department of the California
Highway Patrol, shall make available for issuance, for a fee
determined by the department to be sufficient to reimburse the
department for actual costs incurred pursuant to this section,
distinctive decals, labels, or other identifiers for vehicles that
meet California's ultra-low emission vehicle (ULEV) standard for
exhaust emissions and the federal ILEV evaporative emission standard,
as defined in Part 88 (commencing with Section 88.101-94) of Title
40 of the Code of Federal Regulations, in a manner that clearly
distinguishes them from other vehicles.
   (b) For the purposes of implementing Section 21655.9, beginning
January 1, 2004, and through December 31, 2007, the department shall
make available for issuance, for a fee determined by the department
to be sufficient to reimburse the department for actual costs
incurred pursuant to this section, distinctive decals, labels, and
other identifiers for vehicles that meet California's super ultra-low
emission vehicle (SULEV) standard for exhaust emissions and the
federal inherently low-emission vehicle (ILEV) evaporative emission
standard, as defined in Part 88 (commencing with Section 88.101-94)
of Title 40 of the Code of Federal Regulations, in a manner that
clearly distinguishes them from other vehicles.
   (c) The department shall include a summary of the provisions of
this section on each motor vehicle registration renewal notice, or on
a separate insert, if space is available and the summary can be
included without incurring additional printing or postage costs.
   (d) The Governor may remove individual high-occupancy vehicle
(HOV) lanes, or portions of those lanes, during periods of peak
congestion from the ILEV access provisions provided in subdivisions
(a) and (b), following a finding by the Department of Transportation
as follows:
   (1) The lane, or portion thereof, exceeds a level of service C, as
discussed in subdivision (b) of Section 65089 of the Government
Code.
   (2) The operation or projected operation of the vehicles described
in subdivisions (a) and (b) in these lanes, or portions thereof,
will significantly increase congestion.
   The finding also shall demonstrate the infeasibility of
alleviating the congestion by other means, including, but not limited
to, reducing the use of the lane by noneligible vehicles, further
increasing vehicle occupancy, or adding additional capacity.
   (e) For purposes of subdivisions (a) and (b), the Department of
the California Highway Patrol shall design and specify the placement
of the decal, label, or other identifier on the vehicle.  Each decal,
label, or other identifier issued for a vehicle shall display a
unique number, which number shall be printed on, or affixed to, the
vehicle registration.
   (f) If the Metropolitan Transportation Commission, serving as the
Bay Area Toll Authority, grants toll-free and reduced-rate passage on
toll bridges under its jurisdiction to any vehicle pursuant to
Section 30101.8 of the Streets and Highways Code, it shall also grant
the same toll-free and reduced-rate passage to vehicles displaying a
valid ULEV or SULEV identifier issued by the department pursuant to
subdivisions (a) and (b).
  (g) This section shall remain in effect only until January 1, 2008,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2008, deletes or extends that date.

  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
